He didn't even have the time to sip tea, and Feng Jianxiong's unhurried voice sounded again: "Next, let me cross-examine the second part - that is, your company's so-called 'advertising evidence that proves the prior good faith use' - may I ask the defendant, can your company get the proof of the advertising expenses for the trademark involved in the case over the years?"

Zhao Yucheng looked at Deng Changchun and Li Yifeng, and said majestically: "Please answer this question positively." ”

"We have photos, relevant third-party reports, and invoices for advertising fees,......" Li Yifeng hurriedly replied.

Feng Jianxiong asked without hesitation: "You don't need to look at the first two items - I didn't see the third item, there is no invoice for advertising expenses." ”

"Why not? Isn't this all?" Li Yifeng had an expression of "Are you talking nonsense with your eyes open?" and waved a few copies.

Feng Jianxiong ruthlessly exposed: "I have seen these, they are invoices for conference expenses, not advertising expenses!"

Li Yifeng was slightly sluggish, and then his expression actually relaxed: "Mr. Feng, it seems that you also don't know how to do it, the invoice for the conference fee, financially speaking, belongs to a kind of advertising expenses, and it is all for business publicity." Even when the tax bureau deducts the cost, the trade fair conference fee is included in the advertising fee. ”

For this statement, Feng Jianxiong smiled. Then he turned to Zhao Yucheng and said:

"The Honourable Presiding Judge wishes to note that the defense has changed its concept on this issue. Indeed, at the level of financial auditing, the conference expenses of participating in trade fairs can often be identified as the expenses of the general category of 'advertising and marketing expenses'. Because the purpose and effect of participating in the exhibition is indeed to promote the enterprise and expand its popularity. At the tax level, these costs can also be included in the advertising fee deduction.

However, the concept of advertising fees under the Advertising Law and at the same level is obviously not the same as the "advertising expenses invested to promote the bona fide use of the brand" as stated in the Regulations for the Implementation of the Trademark Law. Although some of the records of the defendant's participation in the trade fair displayed by the other party reflected the graphics of the disputed trademark in the background display, it could not prove that the main purpose or one of the purposes of the defendant's participation in the exhibition was to promote the disputed trademark.

At trade fairs, potential customers are more faced with direct face-to-face business negotiations and solicitation transactions. Or take the exhibitor's promotional materials, such as the sales staff's business card, and leave it for contact when there is a need in the future - this publicity mode is not so much to promote the brand, but to promote the company, or simply to attract business.

In order to prove our point, we should also note that among the evidence provided by the defendant, only the photos of the booth layout at the scene showed the printing of the disputed trademark. However, none of the sales staff of the defendant company reflected the relevant trademarks on the business cards or exhibition brochures. Therefore, in our view, it can be presumed that the defendant did not intend to advertise the trademark in question.

In order to prove that the other party has been "good faith propaganda for many years", I think it is necessary to provide at least the following materials: First, it is an invoice for other types of advertising expenses other than participating in trade fairs. For example, television, newspapers and magazines, online advertisements promoting the brand of the trademark in question, and other forms of publicity without the contact information of the enterprise and sales personnel, only provide all evidence for the publicity of the trademark in question. ”

Feng Jianxiong spoke slowly and patiently.

After all, he completely relied on lip service to analyze this passage and shake the validity and characterization of the evidence provided by the defendant such as marketing fee invoices and photos of trade fairs in the presiding judge's mind. If he was asked to provide conclusive counter-evidence, he would not be able to come up with it.

Zhao Yucheng listened to it and felt that it made some sense. However, on the issue of the probability of such analysis and inference, judges should not be rash and arbitrary, leaving a handle on it. So after weighing it for a moment, Zhao Yucheng decisively announced a temporary adjournment and a collegial panel to discuss.

Back in the conference room, Zhao Yucheng asked the other two jurors (assistant judges) straight to the point: "Xiao Chen, Xiao Xu, what do you think? Should the opinions stated by the plaintiff's agent be accepted?"

Collegial panel discussion is an important measure for the presiding judge to avoid risks when he or she is not sure about the judgment of facts or the application of law. In order to form a collective opinion, in the future, if the determination is wrong, there will be less individual responsibility.

When the collegial panel deliberates, everyone has one person, one vote, and the number of members of the collegial panel is an odd number, so there is no question that the presiding judge can make arbitrary decisions.

Taking this case as an example, as long as the two assistant judges of the three-person collegial panel hold one of the opinions, even if the presiding judge has a higher title, it cannot be reversed. However, even if there is a different opinion, the clerk must truthfully record it in the collegial court record, and in the event that the case is overturned in the future, he can also know who insisted on his own opinion in the first place.

Of course, in the actual trial, if there are some courts in remote areas, the source of judges is relatively pickled, for example, in order to arrange the employment of veteran officers, people are stuffed into the court. This kind of retired officer has a relatively high rank and a relatively straightforward style, and he does not understand the law. Then when the collegial panel is the presiding judge, it often takes the first position, and most of the people below listen to the opinions of the leaders, and most of them will reconsider.

Fortunately, the investment environment in the southeastern coastal provinces is still relatively clear, and it is relatively rare for veteran officers to be forced to become judges.

Zhao Yucheng is also a judge who has passed the examination and pays great attention to his image. Therefore, every time he was the presiding judge, he asked the jurors to speak first.

So Xiao Chen took the lead in speaking: "I think the opinion of the plaintiff's agent is still a bit reasonable: Generally, companies participate in trade fairs in order to sell goods and contact new customer channels. Basically, everyone you meet has to leave contact information and sell it in person.

There are only advertisements in the TV media, and there are few sales contact details, purely to promote the brand. If the defendant could not find any evidence of investment in other forms of advertising of the brand involved in the case other than the trade fair, it should be presumed that they at least did not deliberately promote the brand itself. ”

Zhao Yucheng did not express his position immediately, but looked to the other side. Xiao Xu's business level is worse and his qualifications and experience are shallow, so he nervously reconsidered: "I ...... I also support Chen's comments. In that case, even if the defendant advertises the brand involved in the case, at most it is inadvertently advertised, and the probative power should be insufficient......"

"Okay, Xiao Liu, write down all your opinions - I also seconded the proposal, like theirs, you can modify the wording. ”

"Okay Zhao Zhen. The clerk hurriedly agreed. then gave Zhao Yucheng a view of different words, but similar opinions.

Clerks are used to doing this kind of thing, and many times the leader is reluctant to say more, but the collegial panel record should not show that the leader is always seconding others according to the script, so add a few harmless supplementary opinions.

……

After 15 minutes, the trial resumed.

Zhao Yucheng cleared his throat: "After discussion by the collegial panel, it was decided to adopt the opinion of the plaintiff's agent on this issue just now - ask the defendant to provide additional evidence, of course, because it is supplementary evidence requested after cross-examination, this court can give you the right to apply for an extension of the trial to collect supplementary evidence." ”

Under normal circumstances, after the expiration of the time limit for presenting evidence, it is not allowed to submit new evidence, and the court will not allow a postponement of the trial in order to give one party time to collect evidence. In the process of cross-examination, if one party's evidence is overturned, then it will directly bear the adverse result.

However, if the chief judge finds that the facts of the existing situation are unclear and feels that it is necessary to collect further information, he may also take the initiative to extend it ex officio. In this case, Feng Jianxiong's rebuttal just now only shook the probative power of the defendant's 'brand promotion advertising expenditure' and made it doubtful, rather than completely overturning it with ironclad evidence. Therefore, Zhao Yu became serious, and still allowed Li Yifeng and Deng Changchun to postpone it again. At that time, if they still can't be collected, then they will be sentenced to lose, and they will be convinced to reduce the appeal rate.

"We apply for an adjournment of the trial!" Li Yifeng said with a nervous expression.

"I'm against it!" Feng Jianxiong raised an objection aggressively, and then turned to Zhao Yucheng, "Honorable presiding judge, the time limit for presenting evidence has ended! If they do, why didn't they come up with it earlier? Evidence like invoices is all placed in the financial department of the defendant company, and there is no difficulty in collecting it at all, which does not conform to the situation of 'unable to collect on time due to objective difficulties', right?"

Zhao Yucheng is for his own performance, reducing the appeal rate, and can only try to be stable. He also knew that Feng Jianxiong had a certain point, and he didn't scold him, but said in a consultative tone:

"The objection is invalid, and it is possible that the opposing party simply did not feel the need to submit more evidence at first – however, the court is fair and the plaintiff has the same right to add new evidence during the adjournment period, and does not have to go through the evidence exchange process. ”

Feng Jianxiong stared at the judge for a while, thinking that he had already understood that the other party was timid and afraid, so he didn't care about it.

The case has not yet been decided, and it is no good to have a stalemate with the judge.

Seeing this, Zhao Yucheng hurriedly announced: "Then postpone the trial until a week later, and withdraw from the court!"

……

"Brother Xiong, do you think that Li Yifeng and Deng Changchun can get a new invoice for advertising expenses, and can clearly prove that they are used to promote the trademarks involved in the case, 'Seafood Godmother'?"

As soon as she left the courtroom, Shi Nicole asked with a little worry. Fortunately, she has been in court for more than half a year, and Shi Nicole also knows that it is unlikely that the case will be solved in one day of trial, so she is a little prepared.

Feng Jianxiong said calmly: "Of course you can't take it out! If you can take them out early, you will have to wait until next week! Li Yifeng is dragging time and muddying the waters. I guess in a week, he'll find a way to get some new peripheral evidence in other ways.

Judge Zhao may not be unable to see this, but Judge Zhao still wants to be safe and sell Li Yifeng a favor, so that he will be convinced after he loses, and don't appeal again. I took a step back this time to save face for Judge Zhao. It's a pity that this guy is only a judge of the district court, and it is estimated that he will not be of much use in the future. ”

Shi Nicole nodded and asked, "Then do we have to do any other preparations? Or just wait a week, and the next court session will directly close the coffin?"

Feng Jianxiong thought for a while and pointed: "We have done everything we should do, but idleness is idleness." On the basis of not increasing the cost, add some materials to him - you go and collect Deng Changchun's company, the e-commerce sales records of the past three years, and the relevant information about the crackdown, you can do it yourself, and you can find it casually if it is possible to use it as circumstantial evidence and indirectly prove that the other party's brand credit is low. ”

Shi Nicole wrote them down one by one, and there were still some doubts, so she shamelessly asked, "Okay...... Do these things work? They look like they are broken, so why don't we collect them the first time?"

Feng Jianxiong had to patiently explain: "It may not be useful, so I asked you to collect it when you have the opportunity to supplement the evidence - before the first trial, that is, before the expiration of the time limit for presenting evidence, the evidence submitted must be included in the evidence list and the evidence exchanged." Therefore, the evidence that is not highly correlated should of course be as refined as possible.

However, in the stage of supplementing evidence, the newly collected evidence, Judge Zhao has already granted permission not to exchange evidence again, and can add whatever he wants - only after obtaining the judge's approval of this procedure, can we try our luck with and without dates.

But don't worry, this case has reached this point, and the two main evidence chains of the other party have been almost overturned by us, and the lawsuit is a sure win. I'm just doing this to let you practice your hands, because you probably haven't encountered this kind of situation in your usual lawsuits. ”

Shi Nicole wrote them down one by one, but she was even more ashamed in her heart, ashamed of her ignorance.

The two chatted and chatted, and had been standing in front of the courthouse for seven or eight minutes. It's also their bad luck that in a place like the courthouse, it's not easy to take a taxi during rush hour.

Finally, Shi Nicole wrote down Feng Jianxiong's instructions just now, and finally saw a taxi with empty lights driving by, she hurriedly waved her hand and jumped up to greet her.

In fact, there were a few people waiting next to him, but it should be the driver who saw that the girl who stopped the car was very beautiful, so he slid and stopped in front of them.

"Where's Miss?" As soon as the two of them sat down, the driver asked Shi Nicole earnestly. Although it is a little rude, it can't be said that people are wrong, after all, the action of stopping the car is done by Nick Stone.

"Cuiyuan Community ......"

Shi Nicole just said a few words, but was interrupted by Feng Jianxiong: "Don't, go to the 4S store in the north of the city." ”

The driver looked in the middle of his eyes in the rearview mirror, as if waiting for the customer to make a decision.

Shi Nicole hurriedly changed her words: "Let's go there." ”

The driver glanced at it, secretly looking at the other party's outfit, as if he had just come out of a lawsuit in the court, could it be that he was a lawyer who walked the dog S Yun, won the big lawsuit, and the lawyer's fee was enough to buy a car, and then show it off in front of the female assistant?

But it's none of his business, and he rushed out with one foot on the accelerator.

Shi Nicole sat in the car and asked curiously, "Why do you suddenly want to buy a car again?"

As soon as Feng Jianxiong got in the car, he closed his eyes and recuperated, and replied calmly: "Actually, I should have bought it a long time ago." Didn't you go back to school early during the summer vacation, so you didn't have time? In the past few months, I have rubbed Sister Pao's car in Jinling, and I have rubbed Sister Tianyin back in Qiantang, which is too soft. If you buy a new car, when you go to the Ahrito people to collect evidence in a few days, you will drive the new car over, so that others will not look down on our strength. In the future, there will be more large customers, and we must pay attention to these aspects. ”

Shi Nicole didn't say anything more, just quietly leaned on Feng Jianxiong's shoulder and squinted for a while.